The Allahabad High Court has dismissed a short-term bail application filed by a convict seeking release from custody to undertake the Haj pilgrimage, holding that the right to perform religious pilgrimage is not absolute and can be curtailed when the individual is serving a sentence following conviction.
The Single-Judge Bench of Justice Alok Mathur, held that releasing the appellant, convicted under Section 304 of the Indian Penal Code (IPC), for the purpose of Haj could raise the risk of him absconding and evading the due process of law.
“I do not find any urgency or any such situation which may necessitate the release of the appellant from custody to perform his Haj Yatra,” the Court observed, adding that such religious obligations can be fulfilled post completion of the sentence.
Brief Background
The appellant had moved the High Court seeking short-term bail on the ground that he had been selected to go on the Haj pilgrimage along with his wife and had completed all formalities, including fee payment, prior to his conviction. He contended that performing Haj was a fundamental right under Article 21 of the Constitution.
Court’s Reasoning
While acknowledging the spiritual and religious importance of Haj for the Muslim community, the Court emphasized that personal liberty under Article 21 is not unfettered and is subject to legal limitations in cases of lawful incarceration.
Justice Mathur stated:
“The right to do pilgrimage tour to Haj is not an absolute right but can be curtailed since the appellant has been imprisoned. Granting bail on this ground may increase the chances of him fleeing outside the clutches of law of this country. Such religious veneration can be duly exercised by him after serving his time in prison, as there is no religious mandate requiring immediate compliance.”
The Bench further highlighted that the possibility of a prisoner absconding is a relevant consideration when deciding on bail applications and that mere prior registration for the Haj Yatra does not constitute an exceptional or urgent ground for interim release.
Case details: Jahid v. State of U.P. [Criminal Appeal No. 1102 of 2025],
